Popeyes Sued for More Than $1.5 Million Over Alleged Condom-Like Object in Chicken

Two Texas customers are seeking more than $1.5 million from Popeyes and related companies after claiming they found a condom-like foreign object embedded in fried chicken purchased from a Houston restaurant.

Justin Howard of Missouri City and Danielle McKinnon of Katy filed the lawsuit Aug. 3 in Harris County District Court against Popeyes Louisiana Kitchen, parent company Restaurant Brands International, and local franchise operator AAMANA Businesses. The pair accuse the companies of selling unsafe food and failing to prevent the alleged contamination.

Howard and McKinnon say they bought chicken on July 25 from a Popeyes on South Sam Houston Parkway West. Howard claims he bit into one of the pieces and discovered what appeared to be a condom-like object inside the chicken. The petition does not establish what the object was.

Both customers say they immediately stopped eating and became nauseated. They claim they were concerned they might have already consumed contaminated food and did not know how long the object had been inside the chicken or whether other portions of the meal had been affected.

When Howard and McKinnon returned to the restaurant, they allege employees laughed at and humiliated them. The pair claim management initially offered replacement chicken before eventually issuing a refund.

Their negligence claims focus on whether the companies used reasonable care in preparing and serving the food. Negligence generally requires showing that a person or business had a duty to use reasonable care, failed to do so, and caused an injury. Howard and McKinnon argue that failures involving sanitation, food handling, employee training, supervision, and quality control allowed the allegedly contaminated chicken to be served. They also allege gross negligence, a higher level of misconduct that can support exemplary damages under Texas law if proven.

The lawsuit also challenges the condition of the chicken itself. Strict products liability can apply when a product is alleged to have been defective and unreasonably dangerous when it reached the consumer, even when the dispute is not limited to whether someone acted carelessly. Howard and McKinnon argue that the alleged foreign material made the chicken unsafe for consumption.

A related breach of warranty claim rests on a protection that can arise automatically when goods are sold, even without a written guarantee. Texas law recognizes an implied warranty of merchantability, which generally requires goods sold by a merchant to be fit for their ordinary purpose and specifically treats food served for payment as a sale. Howard and McKinnon argue that the alleged foreign object made the chicken unfit to eat and breached that warranty.

The pair also bring claims under the Texas Deceptive Trade Practices Consumer Protection Act. They seek damages for healthcare expenses, physical pain, mental anguish, lost wages and other losses, along with exemplary damages.

Popeyes disputes the allegations. The company said its review of extensive internal video found no evidence supporting the customers' claim. Popeyes also said the franchisee refunded the order and closed the restaurant early for retraining as a precaution.

Howard and McKinnon have requested a jury trial. The case is pending in Harris County District Court.